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DOE is considering a notice-and-comment rulemaking to amend its Process Improvement Rule ("Process Rule") to reflect statutory changes as well as innovative, collaborative approaches that DOE has been using to reflect more efficient appliance standards rulemaking.

Statement of Need:

DOE is proposing to update and modernize its procedures for establishing energy conservation standards and test procedures for the DOE Appliance Program, otherwise known as the "Process Rule."  This proposed rule would reduce burdens on all stakeholders when engaging in the rulemaking process.

Summary of the Legal Basis:

On July 15, 1996, DOE published a final rule titled, "Procedures, Interpretations and Policies for Consideration of New or Revised Energy Conservation Standards for Consumer Products."  This document was codified at 10 CFR part 430, subpart C, appendix A.  As explained in the final rule for the Process Rule, this rule came within the scope of the Administrative Procedure Act's exemption from notice-and-comment rulemaking for procedural rules at 5 U.S.C. 553(b)(A).  Although DOE's current rulemaking to consider potential revisions to the Process Rule might similarly warrant exemption from notice-and-comment requirements, DOE nonetheless seeks input from interested parties regarding potential avenues to improve DOE's procedures.

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